Information on data protection

Who is responsible, to whom can you turn?

We, Notary Dr. Florian Braunfels and Notary Dr. Rainer Oppermann, are responsible for processing your personal data. Each of the aforementioned notaries is solely responsible for the respective area for which he is responsible in the sense of the data protection regulations. For all data protection enquiries, you can contact the responsible notary or our data protection officer as follows:


mailto responsible persons data protection officer
address Notaries Dr. Florian Braunfels and Dr. Rainer Oppermann
Königsallee 31
40212 Düsseldorf, Germany
Notaries Braunfels Oppermann z.H. of the Data Protection Officer
Königsallee 31
40212 Düsseldorf, Germany
phone +49 211 130070 +49 211 130070
fax +49 211 131020 +49 211 131020
email welcome@notarixx.de welcome@notarixx.de

Which data do I process and where do the data come from?

I process personal data that I receive from you or from third parties commissioned by you (e.g. lawyers, tax consultants, brokers, credit institutions), such as


  • Personal data, e.g. first name and surname, date and place of birth, nationality, marital status; in individual cases your birth registration number;
  • Contact details, such as postal address, telephone and fax numbers, e-mail address;
  • Your tax identification number for real estate contracts;
  • In certain cases, e.g. marriage contracts, wills, contracts of inheritance or adoptions, information about your family situation and assets, as well as information about your health or other sensitive information, e.g. to document your legal capacity;
  • In certain cases also data from your legal relations with third parties such as file numbers or loan or account numbers with credit institutions.

In addition, I process data from public registers, e.g. land registers, commercial and association registers.


What are the purposes and legal basis for processing the data?

As a notary, I am a public official. My official activity is carried out in the exercise of a task which is in the public interest in the proper administration of justice and thus in the public interest, and in the exercise of official authority (Art. 6 para. 1 sentence 1 letter e of the Data Protection Basic Regulation (DS-GVO)).

Your data will only be processed in order to carry out the notarial work requested by you and any other persons involved in a transaction in accordance with my official duties, i.e. for the preparation of drafts of documents, for notarisation and the execution of documentary transactions or for the provision of advice. The processing of personal data is therefore only carried out in accordance with the professional and procedural regulations applicable to me, which essentially result from the Federal Notary Code and the Notarisation Act. These provisions also impose a legal obligation on me to process the necessary data (Art. 6 para. 1 sentence. 1 letter c DS-GVO). Failure to provide the data I have requested from you would therefore mean that I would have to refuse (further) performance of my official duties.


To whom do I forward data?

As a notary, I am subject to a legal obligation of secrecy. This obligation of secrecy also applies to all my employees and other persons appointed by me.

I may therefore only pass on your data if and to the extent that I am obliged to do so in an individual case, e.g. due to notification obligations to the tax authorities, or to public registers such as the land registry, commercial register or register of associations, central register of wills, precautionary register, courts such as probate, guardianship or family court or authorities. Within the framework of professional and service supervision, I may also be obliged to provide information to the Chamber of Notaries or my service supervisory authority, which in turn are subject to an official duty of confidentiality.

Otherwise, your data will only be passed on if I am obliged to do so due to declarations made by you or if you have requested the passing on.


Is data transferred to third countries?

Your personal data will only be transferred to third countries at your special request or if and to the extent that a party to the document is resident in a third country.


How long is your data stored?

I process and store your personal data within the scope of my legal storage obligations.

According to § 5 para. 4 Dienstordnung für Notarinnen und Notare (DONot), the following storage periods

apply to the storage of notarial documents:


  • Deed roll, list of inheritance contracts, list of names for the deed roll and collection of deeds, including the separately kept inheritance contracts (§ 18 para. 4 DONot): 100 years,
  • Depository book, mass book, list of names to the mass book, list of escrow accounts, general files: 30 years,
  • Secondary files: 7 years; the notary can specify a longer retention period in writing at the latest during the last processing of the content, e.g. in the case of dispositions due to death or in the case of the risk of recourse; the provision can also be made generally for individual types of legal transaction, e.g. for dispositions due to death,

After expiry of the storage periods, your data will be deleted or the paper documents destroyed unless I am obliged to store them for a longer period of time in accordance with Article 6 para. 1 sentence 1 letter c DS-GVO due to tax and commercial law storage and documentation obligations (from the Commercial Code, Criminal Code, Money Laundering Act or the Tax Code) as well as professional regulations for the purpose of collision checking.


What rights do you have?

You have the right:


  • To request information on whether I process personal data about you, and, if so, for what purposes I process the data and which categories of personal data I process, to whom the data may have been forwarded, how long the data may be stored and which rights you have.
  • To correct any inaccurate personal data concerning you that is stored by me. You also have the right to have me supplement an incomplete data record stored by me.
  • To request deletion of the personal data concerning you, if there is a legally provided reason for deletion (cf. Art. 17 DS-GVO) and the processing of your data is not required for the fulfilment of a legal obligation or for other priority reasons in the sense of the DS-GVO.
  • Require me to process your data only to a limited extent, e.g. to assert legal claims or for reasons of an important public interest, while, for example, I examine your claim for correction or objection, or if I reject your claim for deletion (cf. Art. 18 DS-GVO).
  • To object to the processing if it is necessary to enable me to carry out my duties in the public interest or to exercise my public office if there are grounds for objection arising from your particular situation.
  • To address a data protection complaint to the supervisory authorities. The supervisory authority responsible for me is the Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen [State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia], Postfach 20 04 44, 40102 Düsseldorf, Germany, telephone: 0211/38424-0, fax: 0211/38424-10, e-mail: poststelle@ldi.nrw.de

The complaint may be lodged with any supervisory authority, irrespective of its competence.

Privacy Policy

The use of our website is usually possible without providing personal data. Insofar as personal data is collected when you visit our website, we process it exclusively in accordance with the Basic Data Protection Regulation (VO (EU) 2016/679; DS-GVO) and the Federal Data Protection Act of 30 July 2017 (BDSG-neu), as well as the Telemedia Act (TMG). The processing of personal data takes place exclusively in accordance with this data protection declaration.


This privacy policy applies to the use of the website at the address http://www.notarixx.de. For linked contents of other providers, the data protection declaration deposited on the linked website is authoritative. We would like to point out that security gaps may occur during data transmission via the Internet, which cannot be prevented by the technical design of this website. A complete protection of personal data is not possible when using the Internet.


Responsible body

Responsible for the processing of personal data in the context of the use of this website:


Dr. Florian Braunfels und Dr. Rainer Oppermann
Königsallee 31
40212 Düsseldorf
Telefon: 0211/130070
Telefax: 0211/131020
E-Mail: welcome@notarixx.de


Data protection officer

We have been appointed as data protection officer:


Herr Dipl.-Inform. Olaf Tenti


GDI Gesellschaft für Datenschutz und Informationssicherheit mbH Fleyer Straße 61, 58097 Hagen (NRW) Telefon: +49 (0)2331/356832-0 E-Mail: datenschutz@gdi-mbh.eu Internet: www.gdi-mbh.eu


Hosting

Our website is operated on servers of ebner & martin Informationssysteme GmbH, Neuss, Germany.


When you visit our website, data is automatically collected and stored in log files on the server of our host. This data can be personal. Among the data collected are:


  • Name of the requested website

  • Date and time of retrieval

  • Transferred amount of data

  • Notification of successful retrieval

  • Type of Internet browser

  • Internet browser version

  • The operating system under the browser with patch level

  • Previously visited page

  • Requesting provider

  • IP addresses

The hoster uses the collected data to operate the website and to ensure IT security. If there are concrete indications, the log data is analyzed later if necessary.


Data stored by the hoster is deleted at the turn of the year.


Personal data is transmitted to third parties within the scope of the use of our website.


Basis of data processing

The data collection pursuant to Art. 6 Para. 1 S. 1 DS-GVO is based on: the consent you may have given (lit. a); the processing of information to fulfil a contract or the initiation of a contract (lit. b); the fulfilment of a legal obligation (lit. b). Insofar as the data collection is based on the legitimate interest of our company (lit. f), separate reference is made to this within the framework of the individual procedure.


Cookies

Cookies are used to provide our website. Cookies are small text files that are stored on your end device and enable the recognition of your device.


Cookies are used to provide you with the technical services of our website. So-called session cookies are used for this purpose, which enable recognition within a visit to our pages. After your visit, set cookies are automatically deleted from your browser.


We use cookies to optimize our web pages. So-called session cookies are used for this purpose, which enable recognition within a visit to our pages. Session cookies are automatically deleted from your browser after your visit.


Furthermore, we use cookies, which serve to recognize your device across sessions. Cookies stored on your device for this purpose will not be deleted after each session.


You can refuse the use of cookies by changing your browser settings and thus prevent the setting of cookies. We point out that the use of individual functions of our website may not be possible under certain circumstances.


Contact (E-Mail)

On our website you have the possibility to contact us by e-mail. In this context, your personal data will be stored and processed for the purpose of communication. The data collected for this purpose (title, first name, surname, telephone number, fax number, e-mail address, message, IP address) will not be passed on to third parties. A consolidation of the data with other data collected on this website does not take place. The data may be stored as part of customer relationship management (CRM) if you are already a customer of our company. The data collection pursuant to Art. 6 Para. 1 S. 1 DS-GVO is based on: your consent (lit. a), if applicable; the processing of information for the fulfilment of a contract or the initiation of a contract (lit. b), if applicable the fulfilment of a legal obligation (lit. b) and the legitimate interest of our company in the communication initiated by you (lit. f).


The data will be deleted as soon as the purpose of the communication has been achieved.


Google Maps

Parts of our website use Google Maps functions to integrate map data. This content is provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA ("Google"). When you visit our website, your browser loads the necessary code from Google. For this purpose, the browser you are using must connect to Google´s servers. This gives Google knowledge that our website has been accessed via your IP address. At the same time, unless you have prohibited the use of cookies in your browser, Google may place cookies on your terminal device or read cookies. Location data can also be collected if you allow this in your browser.


The use of Google Maps is made for the purpose of an appealing, comfortable design of our website and allows you to find the places indicated by us on the website more easily. This constitutes a legitimate interest within the meaning of Art. 6 (1) (f) DSGVO. The data transfer to the USA is carried out in accordance with the implementing decision (EU) 2016/1250 of the EU Commission (EU-US data protection shield).


Your IP address is collected by us to enable the transmission to Google. You are not required to provide this information, however, use of the affected parts of our website (http://www.notarixx.de/de/kontakt) without providing this information is not possible.


Further information can be found in Google´s privacy policy, which can be found at https://www.google.com/policies/privacy/ .


Data transfers to third countries outside the EU

When Google Maps processes data, data may be transferred to countries outside the European Union (so-called third countries). This could be the United States of America (USA).


An adequacy decision of the European Commission for the transfer of data to the United States of America (USA) has been issued: "Implementing Decision (EU) 2016/1250 of the Commission of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection afforded by the EU-US data protection shield (EU-US data protection shield)".


Information on the binding internal data protection regulations can be obtained by sending an informal request to: welcome@notarixx.de


Your rights and assertion of rights

You are entitled to the rights listed below. You can assert these against us. To assert your claim, please use the above data or send an e-mail to: welcome@notarixx.de


Right to information

You have a right to know whether we process personal data about you, for what purposes we process the data, what categories of personal data about you we process, to whom the data may have been forwarded, how long the data may be stored and what rights you have.


Right to rectify data

You have the right to have inaccurate, personal data concerning you that is stored by us corrected. You also have the right to have an incomplete data record stored by us supplemented by us.


Deletion

You may request us to delete your personal data if (1) the data has been unlawfully processed, (2) the purpose for which the data was collected has been achieved, (3) you have withdrawn your consent to the processing and there is no other legal basis for the processing, (4) we are subject to a legal obligation to delete the data, (5) you are under 16 years of age or (6) you have objected to the processing and there are no overriding legitimate reasons for the processing on our site.


Right to limitation of processing

You may request us to restrict processing in the following cases. In these cases, we will mark the data with a blocking notice and not process it further. (1) If you dispute the accuracy of the personal data for the duration of our review. (2) If you have requested deletion and we cannot or may not carry out deletion. (3) If you need the data for the assertion of claims, but we would be obliged to delete them because the purpose of processing has been achieved. (4) If you have objected to the processing and no final decision has yet been taken.


Objection to the processing

If the processing of personal data concerning you is based on our legitimate interests, you may object to the processing for reasons arising from your particular situation.


Right to data transferability

You have the right to request from us data which you have provided yourself within the framework of a contract or on the basis of consent and which are processed automatically, as a common machine-readable format (data record).


Right of appeal to data protection supervision

You have the right to file a data protection complaint with the supervisory authorities. The supervisory authority responsible for us is the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia. The complaint may be lodged with any supervisory authority, irrespective of its competence.